1622 ORDINANCE No. 1 of 1882 .
Tramways.
be absent from the said Colony of Hongkong, or cannot, after diligent inquiry, be
found or fail to appear on the inquiry before the arbitrators or their umpire as herein
provided for, it shall be lawful for the company to deposit the purchase-money or
compensation payable in respect of such lands, or any interest therein , in the bank,
to be placed , except in the cases herein otherwise provided for , to the account there of
the proper officer of the Court to the credit of the parties interested in such lands
(describing them so far as the company can do) , subject to the control and disposition
of the Court.
Upon deposit 95. Upon any such deposit of money as last aforesaid being made, the cashier of
being made, a
receipt to be
given, and the the bank shall give to the company, or to the party paying in such money by their
lands to vest
upon a deed poll direction, a receipt for such money, specifying therein for what and for whose use
being executed.
(described as aforesaid) the same shall have been received, and in respect of what
purchase the same shall have been paid in ; and it shall be lawful for the company , if
they think fit, to execute a deed poll under their common seal, containing a description
of the lands in respect whereof such deposit shall have been made, and declaring the
circumstances under which and the names of the parties to whose credit such deposit
shall have been made, and such deed poll shall be stamped with the stamp duty which
would have been payable upon an assignment to the company of the lands described
therein ; and thereupon all the estate and interest in such lands of the parties for
whose use and in respect whereof such purchase-money or compensation shall have
been deposited shall vest absolutely in the company, and as against such parties they
shall be entitled to immediate possession of such lands.
Application of 96. Upon the application by petition or summons of any party making claim to
moneys so
deposited. the money so deposited as last aforesaid , or any part thereof, or to the lands in respect
whereof the same shall have been so deposited, or any part of such lands, or any
interest in the same, the Court or a Judge in Chambers may, in a summary way, as to
such Court or Judge shall seem fit, order such money to be laid out or invested in or
upon any of the securities or investments mentioned in section 90 of this Ordinance ,
or may order distribution thereof, or payment of the dividends thereof, according to
the respective estates, titles, or interests of the parties making claim to such money or
lands or any part thereof, and may make such other order in the premises as to such
Court or Judge shall seem fit.
Party in 97. If any question arise respecting the title to the lands in respect whereof such
possession to
be deemed the moneys shall have been so paid or deposited as aforesaid, the parties respectively in
owner.
possession of such lands, as being the owners thereof, or in receipt of the rents of such
lands, as being entitled thereto at the time of such lands being purchased or taken , shall
be deemed to have been lawfully entitled to such lands, until the contrary be shown to
the satisfaction of the Court or Judge ; and, unless the contrary be shown as aforesaid,
the parties so in possession , and all parties claiming under them, or consistently with
their possession , shall be deemed entitled to the money so deposited , and to the
dividends or interests of the securities purchased therewith , and the same shall be paid
and applied accordingly.